Merchant Terms of Service | InstaBottles

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Merchant Terms of Service

  

Terms of Service

(“INSTABOTTLES”) ON BEHALF OF VENUE, BAR, OR OTHER ENTITY (THE “VENUE”) REQUESTING THE SERVICES OF INSTABOTTLES (THE “SERVICES”). THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL CONTRACT BETWEEN VENUE AND INSTABOTTLES.  PLEASE READ THEM CAREFULLY BEFORE USING THE WEBSITE OR ANY OF THE SERVICES PROVIDED BY INSTABOTTLES (COLLECTIVELY, THE “SERVICES”).

 BY REGISTERING TO USE THE INSTABOTTLES SERVICES AND WEBSITE, YOU ARE GIVING YOUR CONSENT TO, AND AGREEING TO BE BOUND BY, THESE TERMS OF SERVICE IN CONNECTION WITH YOUR USE OF THE SERVICES AND THE WEBSITE.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, YOU SHOULD NOT REGISTER AS A MERCHANT WITH INSTABOTTLES, OR IN ANY MANNER USE THE WEBSITE OR ANY OF THE SERVICES FOR ANY PURPOSE. 

  1. Services
  1. Account Creation and Control

     3.  Reservations 

  1. Responsibility for Interactions with Customers
  1. Equipment & Third Party Services
  1. Payment
  1. Taxes
  1. Service & Platform Updates
  1. Restrictions on Use of the Service

    10. Customer Data

   11. Termination

   12. Intellectual Property Rights

    13. Representations and Warranties

  1. Indemnification

    15. Notice 

If to InstaBottles:

InstaBottles Inc.

540 Burke Dr.

Carol Stream, IL 60188

info@instabottles.com

    16. Confidentiality

 17. Warranty Disclaimer and imitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL PRODUCTS AND SERVICES PROVIDED BY INSTABOTTLES HEREUNDER ARE PROVIDED ON AN AS-AVAILABLE BASIS, AND AN AS-IS BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, INSTABOTTLES DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR CORRECTED IN A TIMELY MANNER, OR THAT ANY SERVICE WILL RESULT IN ANY REVENUE OR PROFIT FOR VENUE.

IN NO EVENT SHALL INSTABOTTLES OR ANY OF ITS AFFILIAITES OR SUBSIDIARIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE, INCLUDING ANY LOSS OF PROFITS, GOODWILL, BUSINESS REPUTATION, OR DATA.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL INSTABOTTLES OR ITS AFFILIAITES OR SUBSIDIARIES BE LIABLE TO VENUE FOR (A) ANY CHANGES THAT INSTABOTTLES MAY MAKE TO THE SERVICES, OR (B) ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICES), OR (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH VENUE’S USE OF THE  SERVICES; OR (D) VENUE’S FAILURE TO PROVIDE INSTABOTTLES WITH ACCURATE ACCOUNT OR OTHER INFORMATION; OR (E) ANY LIABILITY RESULTING FROM VENUE’S FAILURE TO KEEP ITS PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR (F) VENUE’S INABILITY OR FAILURE TO ACCESS THE SERVICES OR THE WEBSITE DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BYVENUE.

EXCEPT FOR AMOUNTS EXPRESSLY DUE AND OWING HEREUNDER, IN NO EVENT WILL THE TOTAL LIABILITY OF INSTABOTTLES AND ITS AFFILIATES AND SUBSIDIARIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, INDEMNIFICATION OR OTHERWISE) EXCEED THE AMOUNT RECEIVED BY INSTABOTTLES FROM VENUE DURING THE ONE YEAR PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

ALL CLAIMS AGAINST INSTABOTTLES IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE CONTRACT CREATED HEREBY, THE SERVICES, OR THE WEBSITE MUST BE MADE WITHIN ONE YEAR FOLLOWING THE EVENT GIVING RISE TO THE CLAIM.

  1. Incorporation, Entirety, and Severability
  1. Exclusivity
  1. Additional Provisions
  1. GOVERNING LAW; JURISDICTION; VENUE.                      

 

[1] As used in these Terms and Conditions, “Bottle Service” means the offering by Venue of VIP services to those customers who request them, including, at a minimum, VIP table seating with personalized delivery of bottles of high-end alcoholic and other beverages and non-alcoholic mixers to such customers.

 

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